Global Mechanism on ICTs: Statement on international law

Ambassador Lopez, Excellencies, Distinguished Delegates,

The International Committee of the Red Cross (ICRC) is grateful for the opportunity to address delegates in the Global Mechanism on the issue of how international law applies to the use of ICTs.

As highlighted by many delegations, the use of ICTs by States and non-State actors is a reality in many of today’s armed conflicts. 

Against this background, the ICRC would like to emphasize three key points on international law. 

First, when ICT capabilities are used for military purposes in situations of armed conflicts, their use must comply with the existing rules of international humanitarian law (IHL). 

Many delegations have stressed this point in their statements today as well as in national and regional positions on how international law applies to the use of ICTs.

Importantly, in October 2024 the 34th International Conference of the Red Cross and Red Crescent – which brought together all States – adopted a resolution on ‘ICT activities during armed conflict’, which affirms that “in situations of armed conflict, IHL rules and principles serve to protect civilian populations and other protected persons and objects, including against the risks arising from ICT activities”. 

This should be the starting point for further discussions in this Global Mechanism, while recognizing that nothing in IHL can be construed as legitimizing or authorizing any act of aggression or any other use of force inconsistent with the Charter of the United Nations.

Building on this acquis, the ICRC urges States to focus discussions on fostering common understanding on how IHL applies to the use of ICTs by States. As highlighted in our statement on Threats, contemporary armed conflicts show that military ICT activities pose risks to civilian populations, to civilian infrastructure, and to civilian data. 

While shared understandings on the limits that IHL imposes on the use of ICTs are emerging, for instance on the obligation to respect and protect medical services, States have recognized that certain questions require further discussion. 

The ICRC calls on States to focus especially on the limits that IHL imposes on ICT activities that result in non-physical damage because in today’s ICT reliant societies it is critical to protect the ICTs systems that underpin civilian life in societies, as well as digital data, against damage and destruction. 

Second, as mentioned also by the joint statement delivered by Switzerland, we invite you to build on the in-depth discissions held by over 100 States and other stakeholders under the ICT workstream of the Global Initiative to Galvanize Political Commitment to International Humanitarian Law, and to consider its forthcoming outcome document on “Upholding International Humanitarian Law in the Use of Information and Communication Technologies during Armed Conflicts”.

The document provides guidance to facilitate the implementation of IHL obligations in a manner consistent with the protective purpose of IHL.

Third, with conflict dynamics and technology evolving at great speed, the ICRC calls on States to focus parts of the dedicated thematic groups to how international law addresses some of these new developments and technologies. 

This includes, for instance, 

• Identifying legal and practical measures to implement the international law rules that prohibit child recruitment and use in hostilities; 
• Agreeing on practical measures that States must take to prevent civilian hackers from committing IHL violations through ICT activities;
• Building shared understanding of the risks that arise when ICT infrastructure, such as civilian data centers, are used for military purposes, and identify practical measures to protect civilian ICT infrastructure from the dangers of hostilities.

In addition, as we have heard by several delegations, the use of artificial intelligence in ICT activities may increase their speed, scale and potential for harm. 

While IHL applies to ICT operations in armed conflict, including those that involve the use of AI or other emerging technologies, the ICRC calls on Member States to consider whether existing international law provides sufficient safeguards against the harm that increasingly autonomous ICT capabilities can cause, or whether additional limits are needed.

We thank you for your attention.